Note: All the information present on this website is general in nature and may not apply to every case. It’s always recommended to consult a law attorney for specific legal advice in your case.
- What is the process for filing for divorce in New York? Answer: The process for filing for divorce in New York involves the following steps: (1) one spouse must file a Summons with Notice or a Summons and Complaint, (2) the other spouse must be served with the papers, (3) both spouses must attend a mandatory settlement conference, and (4) if the case cannot be settled, a trial may be necessary to resolve any outstanding issues.
- How is child custody determined in New York? Answer: Child custody in New York is determined based on the best interests of the child. The court considers factors such as the child’s relationship with each parent, each parent’s ability to provide a stable home environment, and each parent’s history of involvement in the child’s life when making a custody determination.
- How is child support calculated in New York? Answer: Child support in New York is calculated using the state’s child support guidelines, which take into account the income of both parents and the amount of time each parent spends with the child. The court may deviate from the guidelines if there are special circumstances that make the guideline amount unjust or inappropriate.
- What is the process for modifying a child custody or support order in New York? Answer: To modify a child custody or support order in New York, you must show that there has been a substantial change in circumstances since the original order was entered. You must file a petition or motion with the court and provide evidence of the change in circumstances. The court will then consider your request and make a determination.
- How is property divided in a divorce in New York? Answer: In a divorce in New York, property is divided equitably, which means that the court will divide the property in a fair and just manner, taking into account factors such as the length of the marriage, each spouse’s contribution to the marriage, and each spouse’s future financial needs.
- What is the process for filing for divorce in New York? Answer: The process for filing for divorce in New York involves the following steps: (1) one spouse must file a Summons with Notice or a Summons and Complaint, (2) the other spouse must be served with the papers, (3) both spouses must attend a mandatory settlement conference, and (4) if the case cannot be settled, a trial may be necessary to resolve any outstanding issues.
- How is child custody determined in New York? Answer: Child custody in New York is determined based on the best interests of the child. The court considers factors such as the child’s relationship with each parent, each parent’s ability to provide a stable home environment, and each parent’s history of involvement in the child’s life when making a custody determination.
- How is child support calculated in New York? Answer: Child support in New York is calculated using the state’s child support guidelines, which take into account the income of both parents and the amount of time each parent spends with the child. The court may deviate from the guidelines if there are special circumstances that make the guideline amount unjust or inappropriate.
- What is the process for modifying a child custody or support order in New York? Answer: To modify a child custody or support order in New York, you must show that there has been a substantial change in circumstances since the original order was entered. You must file a petition or motion with the court and provide evidence of the change in circumstances. The court will then consider your request and make a determination.
- How is property divided in a divorce in New York? Answer: In a divorce in New York, property is divided equitably, which means that the court will divide the property in a fair and just manner, taking into account factors such as the length of the marriage, each spouse’s contribution to the marriage, and each spouse’s future financial needs.
Note: These answers are general in nature and may not apply to every case. It’s always recommended to consult a family law attorney for specific legal advice in your case.
- Can same-sex couples get divorced in New York? Answer: Yes, same-sex couples can get divorced in New York. The state recognizes same-sex marriages and divorce proceedings for same-sex couples are handled in the same manner as those for opposite-sex couples.
- What is an uncontested divorce in New York? Answer: An uncontested divorce in New York is a divorce where both spouses agree on all of the terms of the divorce, including issues such as property division, child custody, and support. An uncontested divorce is often faster and less expensive than a contested divorce.
- What is a contested divorce in New York? Answer: A contested divorce in New York is a divorce where one or both spouses do not agree on all of the terms of the divorce. A contested divorce typically involves negotiations and court proceedings to resolve disputes and determine the terms of the divorce.
- Can I get a legal separation in New York? Answer: No, New York does not have a legal separation process. However, couples who are separated but not divorced can still seek court orders regarding issues such as child custody, support, and property division.
- What is the statute of limitations for filing for divorce in New York? Answer: The statute of limitations for filing for divorce in New York is 6 years from the date of the marriage. This means that a divorce must be filed within 6 years of the date of the marriage.
- Can I get an annulment in New York? Answer: Yes, you can get an annulment in New York. An annulment is a legal declaration that a marriage was never valid. To obtain an annulment in New York, you must show that the marriage was void or voidable, such as due to fraud, coercion, or incest.
- Can I represent myself in a divorce case in New York? Answer: Yes, you can represent yourself in a divorce case in New York, which is also known as pro se representation. However, it is generally recommended to seek the assistance of an experienced family law attorney, as the divorce process can be complex and confusing.
- What is the difference between sole custody and joint custody in New York? Answer: In New York, sole custody refers to a situation where one parent has full legal and physical custody of the child, while the other parent may have limited or no visitation rights. Joint custody refers to a situation where both parents have legal and physical custody of the child and make decisions together regarding the child’s care and upbringing.
- What is the age of majority in New York for purposes of child support? Answer: The age of majority in New York for purposes of child support is 21 years old. This means that a child support obligation may continue until the child turns 21, or longer if the child is still in school or otherwise unable to support themselves.
- Can I modify a prenuptial agreement in New York? Answer: Yes, a prenuptial agreement in New York can be modified, but only with the agreement of both parties or through a court order. A court may modify a prenuptial agreement if the agreement was obtained through fraud, duress, or undue influence, or if it is otherwise unenforceable.
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